Case Update: Daniel John Brader and others v Commerzbank AG [2013] SGHC 284 – collateral contract, discretionary bonus, employment

Singapore Law; Legal; Lawyer

Daniel John Brader and others v Commerzbank AG [2013] SGHC 284

Significance: Court held that an announcement made to employees at a Townhall meeting regarding bonus payments was held to be a sufficiently certain binding unilateral contract collateral to their employment contracts.

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Case Update: Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66 – compounding debt, statutory demands, winding-up

Singapore Law; Legal; Lawyer

Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66

Significance: meaning of compounding debt in respect of statutory demands under the companies winding-up regime.

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Case Update: Boey Pang Sim Richard v Law Society of Singapore [2015] SGHC 302 – Rule 31 of PCR, meaning of persons involved in or associated with former clients

Singapore Law; Legal; Lawyer

Significance: principles on Rule 31 of the Legal Profession (Professional Conduct) Rules prohibiting solicitors from acting against former clients and persons “involved in or associated with” former clients in related matters; meaning of persons “involved in or associated with” former clients; “related matters”.

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Case Update: PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295 – stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate and exclusive jurisdiction clause

Singapore Law; Legal; Lawyer

PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295

Significance: stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate prior to legal proceedings and exclusive jurisdiction clause; reliance on exclusive jurisdiction clause despite challenging validity of contract.

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Case Update: Piattchanine, Iouri v Phosagro Asia Pte Ltd [2015] SGHC 259 – new grounds for terminating employment contract post-termination; breaches of implied contractual duties of employee

Singapore Law; Legal; Lawyer

Piattchanine, Iouri v Phosagro Asia Pte Ltd [2015] SGHC 259

Significance: High Court determines issue of when it is permissible to raise new grounds for terminating employment contract post-termination; breaches of implied contractual duties of employee.

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Case Update: Cavendish Square Holding BV v Talal El Makdessi (Cavendish) and ParkingEye Limited v Beavis UKSC – penalty clauses

Singapore Law; Legal; Lawyer

Cavendish Square Holding BV v Talal El Makdessi (Cavendish) and ParkingEye Limited v Beavis [2015] UKSC 67

Significance: the true test for whether a clause is unenforceable as a penalty clause is whether the impugned provision is a secondary obligation which imposes a detriment on the contract-breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation.

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Smile in the Garden

I hurried through a tiny, litter-peppered park enclosed within an HDB precinct. Out of the corner of my eye, I noticed someone walking towards me. A cleaner–broom in hand, South Asian descent. I hastened. He slowed to a stop. He looked past me. I threw a furtive glance in that direction. There was a domestic helper with a toddler in her arms, fair as morn. The toddler was smiling. At the man. She waved animatedly at him. Eyes twinkled. The man hesitated. Then he sheepishly waved back at the child.

We paused: the man, the woman and I.

The moment passed when finally, the child turned to look at the playground some distance away. Our fellowship dispersed. I slowly left that tiny budding garden, my heart blooming a thousand golden petals.